Passengers entitled to ticket refunds for delayed, canceled flights under Vietnam’s new regulations

The government has issued Decree 208 on air transport, introducing regulations on airlines’ obligations to assist and compensate passengers when flights are delayed, canceled, or rescheduled. 

Under the decree, an airline’s obligations in case of flight delays are determined based on an actual departure time that is more than 15 minutes later than the scheduled departure time. 

A prolonged delay is defined as a delay of four hours or more. 

When an airline anticipates that a flight will be delayed, it must promptly notify passengers, apologize, and explain the reason for the delay. 

The carrier is also required to provide updated departure times to relevant parties at the airport so the information can be displayed on flight information screens at intervals of no more than 30 minutes. 

For delays of two hours or more, airlines must provide drinking water or vouchers of equivalent value to passengers. 

Carriers are also required to offer rebooking or rerouting options to enable passengers to reach their final destination if requested. 

For delays of three hours or more, airlines must provide meals or vouchers of equivalent value. 

For delays of four hours or more, air carriers must provide meals or vouchers and refund the full ticket price or the unused portion of the ticket if passengers do not agree to a rebooked departure time. 

Non-refundable advance compensation must be paid to passengers with confirmed reservations and valid tickets and may only be paid once, including in case of flight delays. These provisions apply only to delays caused by the carrier. 

For delays of six hours or more, airlines must fulfill the above obligations and also arrange suitable accommodation if the delay occurs between 7:00 am and before 10:00 pm. 

If the delay extends from 10:00 pm to 7:00 am the following day, passengers must be provided with appropriate sleeping accommodations, subject to actual conditions. 

Requirements related to food, beverages, and accommodation apply only to passengers who hold valid tickets, have confirmed reservations, and are present at the airport. 

In cases where a flight schedule is changed, carriers are responsible for notifying passengers and offering either refunds or alternative travel arrangements, including itinerary or departure time changes. 

Requirements for flight delays with passengers on board 

When passengers remain on board an aircraft during a delay, airlines must provide drinking water, ensure adequate ventilation and cabin temperature, and meet passengers’ sanitation needs. 

If a passenger requires emergency medical assistance, the airline must provide appropriate support based on the circumstances. 

If a flight is delayed for more than three hours and a departure time has not yet been determined, passengers must be allowed to disembark unless doing so would affect safety or security. 

In the event of flight cancellation or denied boarding, airlines must promptly notify passengers, apologize, and explain the reasons for the cancellation or refusal of carriage. 

Carriers must provide passengers with options to consider and choose from, including rerouting them to their final destination or transferring them to another flight without applying itinerary change restrictions or related surcharges. 

Alternatively, passengers may receive a full refund or a refund for the unused portion of their ticket. 

If passengers decline these options, airlines may fulfill other obligations based on agreements reached with the passengers.